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Thursday, 16 April 2015

SWAZI KING NOT ABOVE LAW IN CANADA

The King of Swaziland tried to get a court in Canada
to drop a case against him involving an alleged unpaid debt of US$3.5 million
because he was a head of state.

But the court in Ontario dismissed his plea and the
case went ahead.

The case would not have been allowed to take place
in Swaziland, because King Mswati III, who rules as sub-Saharan Africa’s last
absolute monarch, is above
the law. Both the Swaziland
Constitutionand
a directive from Chief
Justice Michael Ramodibedi, who was appointed by
the King, give the monarch immunity from any lawsuit in respect of all things
done or omitted to be done by him and this applies also to any claims made
indirectly against the King.

The case
in Ontario, Canada, involves a Swazi company called
Inchatsavane, which has King Mswati as its sole shareholder. It is alleged that
Inchatsavane owes a company called SG Air US$3.5 million for the cost of
refurbishments made to the King’s private jet. The legal owner of the jet is Inchatsavane.

The plane has been attached for unpaid debts by the
courts in Canada since January 2015.

A Canadian newspaper, Embassy News,
reported that lawyers for the King’s company Inchatsavane claimed in court it
was ‘entitled to immunity from the jurisdiction of any Canadian court’ under
the State Immunity Act.

The newspaper reported the court concluded that the
case was about commercial activity rather than the King’s role as a head of
state and was not covered by the Act.

The case is continuing in the Ontario Court of
Appeal and the next hearing is scheduled for 11June 2015.